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HomeMy WebLinkAbout2394-10 - ADMIN Ordinance - City Council - 2010/11/01• • ORDINANCE NO. 2394-10 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2244-03 IMPOSING A FRANCHISE FEE ON XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANT TO FRANCHISE ORDINANCE NO. 2086-97 SECTION 9-610 THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: WHEREAS, the City of St. Louis Park ("City") granted to Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy ("Company") a franchise for the furnishing of electric energy to the City, its inhabitants, and others, and for the use of public ways and public grounds of the City for such purposes, pursuant to St. Louis Park Ordinance No. 2086-97; WHEREAS, Section 9-610 of Ordinance No. 2086-97 states that the City may impose on Company a franchise fee by separate ordinance duly adopted by the City Council; WHEREAS, Section 9-610 of Ordinance No. 2086-97 limits the imposition of any franchise fee to an amount determined by collecting not more than the amounts indicated in Section 9-610 of Ordinance No. 2086-97 from each customer in the designated company customer classification for metered service at each and every customer location; WHEREAS, the City desires to impose a franchise fee in lieu of any permit or other fees imposed on the Company; WHEREAS, the collection as a franchise fee of the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is authorized under Section 9-610 of Ordinance No. 2086-97: Metered Service -Based Fee Schedule Customer Classification Amount Per Month Residential $ 2.00 Small C & I with no demand charge $ 4.00 Small C & I with demand charge $13.25 Large C & I $73.00 Municipal Pumping — Non -Demand $4.00 Municipal Pumping — Demand $10.00 IIWHEREAS, at least 60 days have elapsed since service on the Company by certified mail of the written notice enclosing this proposed ordinance; Ordinance No. 2394-10 -2- that: NOW, THEREFORE, be it ordained by the City Council of the City of St. Louis Park 1. The recitals set forth above are hereby incorporated into this Ordinance. 2. A franchise fee to be collected in the amounts indicated below from each customer in the designated company customer classification for metered service at each and every customer classification is hereby imposed on the Company commencing with its billing month of February 2011, and paid to City quarterly: Metered Service -Based Fee Schedule Customer Classification Amount Per Month Residential $ 2.00 Small C & I with no demand charge $ 4.00 Small C & I with demand charge $13.25 Large C & I $73.00 Municipal Pumping — Non -Demand $4.00 Municipal Pumping — Demand $10.00 3. The franchise fee shall be payable monthly and remitted to the City quarterly. The Company shall pay the fee based upon the amount billed its customers subject to subsequent reductions to account for uncollectibles or customer refunds. The Company agrees to make its billing and related records available for inspection by the City at reasonable times. This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted. ADOPTED this 1' day of November, 2010, by the City Council of the City of St. Louis ark. eview, d or ' • ministration: rl: Mite! City !!! I Attest: Adopted by, Mayor City Council November 1, 2010 Approved as to form and execution: • newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A-07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 11 day of November 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2010, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hijkimnopgrstuvwxyz City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2394-10 AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO 2244-03 IMPOSING A FRANCHISE FEE ON XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANTTO FRANCHISE ORDINANCE NO 2086-97 SECTION 9-610 This ordinance Increases the franchise fees charged to Xcel Energy beginning February 1, 2011 This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted Adopted by the City Council November 1, 2010 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (Nov 11, 2010) A3 Ord # 2394-10 BY CFO Subscribed and sworn to or affirmed before me on this 11 day of November , 2010 Notary Public DIANE L ELIASON NOTARY PUBLIC - MINNESOTA My Collf111 Expires Jan 31 2015 • newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A-07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 11 day of November 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2010, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hijkimnopgrstuvwxyz City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2394-10 AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO 2244-03 IMPOSING A FRANCHISE FEE ON XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PURSUANTTO FRANCHISE ORDINANCE NO 2086-97 SECTION 9-610 This ordinance Increases the franchise fees charged to Xcel Energy beginning February 1, 2011 This ordinance shall be effective 60 days after service on the Company by certified mail of written notice enclosing the ordinance as adopted Adopted by the City Council November 1, 2010 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (Nov 11, 2010) A3 Ord # 2394-10 BY CFO Subscribed and sworn to or affirmed before me on this 11 day of November , 2010 Notary Public DIANE L ELIASON NOTARY PUBLIC - MINNESOTA My Collf111 Expires Jan 31 2015